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HB2258
HOUSE OF REPRESENTATIVES
H.B. NO.
2258
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO MENTAL HEALTH INTERVENTION
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that the
State's mental health laws provide a variety of methods to intervene and
support individuals suffering from mental illness or substance abuse.
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In
2025, the legislature passed Senate Bill No. 1322, enacted as Act 219, Session
Laws of Hawaii 2025, substantially clarifying the procedures relating to the
emergency transportation, examination, and hospitalization of individuals who
may be mentally ill or suffering from substance abuse and who are imminently
dangerous to self or others.
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These
clarifications included guidance on the roles and responsibilities of crisis
intervention officers during emergency transportation.
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Act 219 also clarified the laws governing
assisted community treatment and the administration of treatment over the
objection of patients who have been involuntarily committed to a psychiatric
facility or who are in the custody of the director of health and residing in a
psychiatric facility.
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The
purpose of this Act is to make additional clarifications to the laws concerning
mental health intervention by:
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(1)
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Requiring the director of law
enforcement to adopt rules establishing training and certification standards
and procedures for crisis intervention officers;
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(2)
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Clarifying the scope of treatment
allowable under orders for assisted community treatment; and
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(3)
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Requiring the department of the
attorney general to assist with the preparation, filing, and presentation of
any request for a court or administrative order authorizing treatment over the
objection of certain patients.
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SECTION
2.
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Chapter 353C, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
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"
�353C-
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Training
and certification standards and procedures regarding crisis intervention
officers.
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Without regard to
chapter 91, the director shall adopt rules setting forth statewide training and
certification standards and procedures for a crisis intervention officer.
"
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SECTION
3.
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Section 334-122, Hawaii Revised
Statutes, is amended by amending the definition of "assisted community
treatment" to read as follows:
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""Assisted
community treatment" [
includes medication specifically authorized by
court order; individual
]
means the categories of treatment and services
ordered by the court in a treatment plan pursuant to section 334-127(b).
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"Assisted community treatment"
includes a case management plan and case management services to provide care
coordination under the supervision of an assisted community treatment
provider.
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The categories of treatment
and services may include:
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(1)
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Medication;
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(2)
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Periodic blood tests or urinalysis
to monitor compliance with prescribed medication;
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(3)
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Individual
or group therapy; [
day
]
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(4)
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Day
or partial day programming
activities; [
services
]
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(5)
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Services
and training, including
educational and vocational activities; [
supervision
]
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(6)
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Supervision
of living
arrangements;
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(7)
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Residential services;
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(8)
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Alcohol and substance abuse
treatment and counseling;
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(9)
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Periodic blood tests or urinalysis
for the presence of alcohol or illegal drugs for individuals with a history of
alcohol or substance abuse;
and [
any
]
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(10)
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Any
other services prescribed to
either alleviate the subject of the order's disorder or disability, maintain or
maximize semi-independent functioning, or prevent further deterioration that
may reasonably be predicted to result in the need for hospitalization or more
intensive or restrictive levels of care in the community or incarceration for
criminal behavior."
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SECTION 4.
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Section 334-161, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
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"(b)
�
[
For the purposes of this section, "imminently
dangerous to self or others" means that, without intervention, the person
will likely become dangerous to self or dangerous to others within the next
forty-five days.
]
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The department
of the attorney general shall assist with the preparation and filing of any
request for authorization to provide treatment over a patient's objection,
whether submitted through an administrative process or to a court, and shall
assist with the presentation of the case at any related court proceedings;
provided that, if the requestor is a private provider or other private
individual, the requestor may decline the assistance.
"
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SECTION
5.
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Section 353C-1, Hawaii Revised
Statutes, is amended by amending the definition of "crisis intervention
officer" to read as follows:
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""Crisis
intervention officer" means a law enforcement officer
, as defined in
section 139-1,
who has been trained and certified to recognize and
communicate with an individual who is in crisis or suffering from some form of
impairment, whether from dementia, Alzheimer's disease, or any physical,
developmental, cognitive, psychological, or substance use disorder influencing
their behavior.
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[
Training and
certification standards shall be determined with the department of health.
]"
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SECTION
6.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
7.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
8.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Mental
Health; Crisis Intervention Officer; Assisted Community Treatment;
Administration of Treatment Over the Patient's Objection
Description:
Requires
the Director of Law Enforcement to adopt rules establishing training and
certification standards and procedures for crisis intervention officers.
�
Clarifies the scope of treatment allowable
under orders for assisted community treatment.
�
Requires the Department of the Attorney general to assist with the
preparation, filing, and presentation of any request for a court or
administrative order authorizing treatment over the objection of certain
patients.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.